Bill Summary for H 268 (2019-2020)

Summary date: 

Apr 25 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 268 (Public) Filed Tuesday, March 5, 2019
AN ACT TO DISAPPROVE CERTAIN WASTEWATER TREATMENT AND DISPERSAL RULES ADOPTED BY THE NORTH CAROLINA COMMISSION FOR PUBLIC HEALTH, TO CREATE A TASK FORCE TO RECOMMEND NEW WASTEWATER TREATMENT AND DISPERSAL RULES, TO CREATE STANDARDS FOR AN ON-SITE WASTEWATER EVALUATOR; AND TO MAKE TECHNICAL CORRECTIONS.
Intro. by Brody, Wray.

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Bill summary

House committee substitute makes the following changes to the 2nd edition.

Modifies the membership of the On-Site Wastewater Task Force (Task Force) to include one member from the NC Environmental Health Supervisors Association rather than one member from the NC Association of County Commissioners, and one member representing the NC Board of Examiners for Engineers and Surveyors with experience in designing on-site wastewater systems rather than one member from the Professional Engineers with the same experience. Modifies the requirements of the Task Force's report to now include recommendations on new rules to prevent the implementation of rules and ordinances, and enforcement against the use of on-site wastewater treatment and dispersal systems in non-sewered areas of the state (was, new rules to prohibit municipalities from prohibiting the design and installation of on-site wastewater treatment and dispersal systems).

Modifies proposed GS 130A-336.2 as follows.

Adds to the required content of the Notice of Intent to Construct the Authorized On-Site Wastewater Evaluator's name, certification number, mailing address, email address, and telephone number; an evaluation of soil conditions and site features conducted and signed and sealed by a licensed soil scientist or for geologic or hydrogeologic conditions by a licensed geologist (previously, a soil evaluation conducted and signed and sealed by a licensed soil scientist or licensed geologist); and a plat or site plan (previously required a plat with no alternative). Specifies that the owner can apply for the building permit for the project upon the decision of completeness of the Notice of Intent by the local health department, or if the local health department fails to act within the five business day time period previously provided. Removes the provision authorizing the Evaluator to employ technologies not yet approved in the state. Now requires the Evaluator's designs, plans, and specifications to allow for the installation of an Accepted system in lieu of a conventional system, if applicable, in accordance with the Accepted system approval.

Modifies the required documents the Evaluator must provide the owner at the post-construction conference to now include a signed and sealed copy of the reports on soil conditions and site features (was, soil and site evaluations), layouts, drawings, specifications, justifications on any proposed design daily flow reductions (previously not included), and any special inspection reports or corrections made during construction.

Makes a clarifying change to the remedies provisions of subsection (p) to refer to certified water pollution control systems operators as described in subdivision (i)(2).

Clarifies that the NC On-Site Wastewater Contractors and Inspectors Certification Board has the exclusive authority to promulgate rules regarding certification of Evaluators where review and seal of a professional engineer is not necessary under the statute.

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